Legal Opinion
Burkholder v. National Central Bank (In Re Burkholder)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 21, 1981No. 19-11699PublishedCited by 21 opinions
1Opinion of the Court
OPINION
THOMAS M. TWARDOWSKI, Bankruptcy Judge.
The debtors in this case have filed a complaint to avoid the lien of National Central Bank [now Hamilton Bank and hereinafter referred to as the Bank], pursuant to 11 U.S.C. § 522(f)(1) (1979). 1 For reasons hereinafter given, we conclude that the lien should be avoided. 2
On March 23, 1978, the debtors entered into a reconsolidation loan transaction with the Bank. The debtors signed an Installment Loan Note containing a confession of judgment clause, a Disclosure for Confession of Judgment and a Notice of Right to Rescission. Judgment was entered…
2Cases cited31 opinions
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Armstrong v. United StatesSupreme Court of the United States · 1960
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re AsheCourt of Appeals for the Third Circuit · 1982
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- Boyd v. Robinson (In Re Boyd)District Court, D. Minnesota · 1983
- In Re Charles E. Ashe and Susan J. Ashe T/a C & S Fuel Service, Debtors. The Commonwealth National Bank, Objector v. United States of America, Intervenor, the Commonwealth National Bank, Creditor-Objector, the Commonwealth National Bank v. Robert G. Dobslaw and Lynnore W. Dobslaw, Individually and T/a Video Pl. Appeal of the Commonwealth National Bank. In Re Aaron Franklin Burkholder and Anna Mary Burkholder, Husband and Wife, Debtors. Appeal of the Commonwealth National Bank. In Re Paul S. Bosworth and Mabel G. Bosworth. Appeal of the Commonwealth National BankCourt of Appeals for the Third Circuit · 1983
- In Re GalbraithUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
16 more not listed; retrieve them via the Exa API.